Bill Text: MI HB5027 | 2013-2014 | 97th Legislature | Introduced
Bill Title: Law enforcement; reports; larceny of scrap metal; prohibit, and provide penalties. Amends sec. 356 of 1931 PA 328 (MCL 750.356) & adds sec. 356e. TIE BAR WITH: HB 4699'13
Spectrum: Slight Partisan Bill (Republican 7-3)
Status: (Introduced - Dead) 2013-10-02 - Printed Bill Filed 10/02/2013 [HB5027 Detail]
Download: Michigan-2013-HB5027-Introduced.html
HOUSE BILL No. 5027
October 1, 2013, Introduced by Reps. Kowall, McCready, Tlaib, Heise, Geiss, Schmidt, Daley, Santana, Bumstead and Kesto and referred to the Committee on Regulatory Reform.
A bill to amend 1931 PA 328, entitled
"The Michigan penal code,"
by amending section 356 (MCL 750.356), as amended by 2008 PA 431,
and by adding section 356e.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
Sec. 356. (1) A person who commits larceny by stealing any of
the following property of another person is guilty of a crime as
provided in this section:
(a) Money, goods, or chattels.
(b) A bank note, bank bill, bond, promissory note, due bill,
bill of exchange or other bill, draft, order, or certificate.
(c) A book of accounts for or concerning money or goods due,
to become due, or to be delivered.
(d) A deed or writing containing a conveyance of land or other
valuable contract in force.
(e) A receipt, release, or defeasance.
(f) A writ, process, or public record.
(g)
Nonferrous metal.
(2) If any of the following apply, the person is guilty of a
felony punishable by imprisonment for not more than 10 years or a
fine of not more than $15,000.00 or 3 times the value of the
property stolen, whichever is greater, or both imprisonment and a
fine:
(a) The property stolen has a value of $20,000.00 or more.
(b) The person violates subsection (3)(a) and has 2 or more
prior convictions for committing or attempting to commit an offense
under this section. For purposes of this subdivision, however, a
prior conviction does not include a conviction for a violation or
attempted violation of subsection (4)(b) or (5).
(3) If any of the following apply, the person is guilty of a
felony punishable by imprisonment for not more than 5 years or a
fine of not more than $10,000.00 or 3 times the value of the
property stolen, whichever is greater, or both imprisonment and a
fine:
(a) The property stolen has a value of $1,000.00 or more but
less than $20,000.00.
(b) The person violates subsection (4)(a) and has 1 or more
prior convictions for committing or attempting to commit an offense
under this section. For purposes of this subdivision, however, a
prior conviction does not include a conviction for a violation or
attempted violation of subsection (4)(b) or (5).
(4) If any of the following apply, the person is guilty of a
misdemeanor punishable by imprisonment for not more than 1 year or
a fine of not more than $2,000.00 or 3 times the value of the
property stolen, whichever is greater, or both imprisonment and a
fine:
(a) The property stolen has a value of $200.00 or more but
less than $1,000.00.
(b) The person violates subsection (5) and has 1 or more prior
convictions for committing or attempting to commit an offense under
this section or a local ordinance substantially corresponding to
this section.
(5) If the property stolen has a value of less than $200.00,
the person is guilty of a misdemeanor punishable by imprisonment
for not more than 93 days or a fine of not more than $500.00 or 3
times the value of the property stolen, whichever is greater, or
both imprisonment and a fine.
(6)
If the property stolen is nonferrous metal, then, as used
in
this section, "the value of the property stolen" means the
greatest
of the following:
(a)
The replacement cost of the stolen nonferrous metal.
(b)
The cost of repairing the damage caused by the larceny of
the
nonferrous metal.
(c)
The sum of subdivisions (a) and (b).
(6) (7)
The values of property stolen in
separate incidents
pursuant to a scheme or course of conduct within any 12-month
period may be aggregated to determine the total value of property
stolen.
(7) (8)
If the prosecuting attorney intends
to seek an
enhanced sentence based upon the defendant having 1 or more prior
convictions, the prosecuting attorney shall include on the
complaint and information a statement listing the prior conviction
or convictions. The existence of the defendant's prior conviction
or convictions shall be determined by the court, without a jury, at
sentencing or at a separate hearing for that purpose before
sentencing. The existence of a prior conviction may be established
by any evidence relevant for that purpose, including, but not
limited to, 1 or more of the following:
(a) A copy of the judgment of conviction.
(b) A transcript of a prior trial, plea-taking, or sentencing.
(c) Information contained in a presentence report.
(d) The defendant's statement.
(8) (9)
If the sentence for a conviction
under this section is
enhanced by 1 or more prior convictions, those prior convictions
shall not be used to further enhance the sentence for the
conviction
pursuant to under section 10, 11, or 12 of chapter IX of
the code of criminal procedure, 1927 PA 175, MCL 769.10, 769.11,
and 769.12.
(10)
As used in this section, "nonferrous metal" means a metal
that
does not contain significant quantities of ferrous metal but
contains
copper, brass, platinum-based metals, aluminum, bronze,
lead,
zinc, nickel, or alloys of those metals.
Sec. 356e. (1) A person who commits larceny by stealing scrap
metal is guilty of a crime as provided in this section.
(2) If any of the following apply, the person is guilty of a
felony punishable by imprisonment for not more than 10 years or a
fine of not more than $15,000.00 or 3 times the value of the scrap
metal stolen, whichever is greater, or both imprisonment and a
fine:
(a) The scrap metal stolen has a value of $20,000.00 or more.
(b) The person violates subsection (3)(a) and has 2 or more
prior convictions for committing or attempting to commit an offense
under this section. For purposes of this subdivision, however, a
prior conviction does not include a conviction for a violation or
attempted violation of subsection (4)(b) or (5).
(3) If any of the following apply, the person is guilty of a
felony punishable by imprisonment for not more than 5 years or a
fine of not more than $10,000.00 or 3 times the value of the scrap
metal stolen, whichever is greater, or both imprisonment and a
fine:
(a) The scrap metal stolen has a value of $1,000.00 or more
but less than $20,000.00.
(b) The person violates subsection (4)(a) and has 1 or more
prior convictions for committing or attempting to commit an offense
under this section. For purposes of this subdivision, however, a
prior conviction does not include a conviction for a violation or
attempted violation of subsection (4)(b) or (5).
(4) If any of the following apply, the person is guilty of a
misdemeanor punishable by imprisonment for not more than 1 year or
a fine of not more than $2,000.00 or 3 times the value of the scrap
metal stolen, whichever is greater, or both imprisonment and a
fine:
(a) The scrap metal stolen has a value of $200.00 or more but
less than $1,000.00.
(b) The person violates subsection (5) and has 1 or more prior
convictions for committing or attempting to commit an offense under
this section or a local ordinance substantially corresponding to
this section.
(5) If the scrap metal stolen has a value of less than
$200.00, the person is guilty of a misdemeanor punishable by
imprisonment for not more than 93 days or a fine of not more than
$500.00 or 3 times the value of the scrap metal stolen, whichever
is greater, or both imprisonment and a fine.
(6) If the scrap metal stolen is nonferrous metal, then, as
used in this section, "the value of the scrap metal stolen" means
the greatest of the following:
(a) The replacement cost of the stolen nonferrous metal.
(b) The cost of repairing the damage caused by the larceny of
the nonferrous metal.
(c) The sum of subdivisions (a) and (b).
(7) The values of scrap metal stolen in separate incidents
pursuant to a scheme or course of conduct within any 12-month
period may be aggregated to determine the total value of scrap
metal stolen.
(8) If the prosecuting attorney intends to seek an enhanced
sentence based upon the defendant having 1 or more prior
convictions, the prosecuting attorney shall include on the
complaint and information a statement listing the prior conviction
or convictions. The existence of the defendant's prior conviction
or convictions shall be determined by the court, without a jury, at
sentencing or at a separate hearing for that purpose before
sentencing. The existence of a prior conviction may be established
by any evidence relevant for that purpose, including, but not
limited to, 1 or more of the following:
(a) A copy of the judgment of conviction.
(b) A transcript of a prior trial, plea-taking, or sentencing.
(c) Information contained in a presentence report.
(d) The defendant's statement.
(9) If the sentence for a conviction under this section is
enhanced by 1 or more prior convictions, those prior convictions
shall not be used to further enhance the sentence for the
conviction under section 10, 11, or 12 of chapter IX of the code of
criminal procedure, 1927 PA 175, MCL 769.10, 769.11, and 769.12.
(10) As used in this section, "ferrous metal", "nonferrous
metal", and "scrap metal" mean those terms as defined in the
ferrous metal and nonferrous metal regulation and scrap metal
offenders registration act, 2008 PA 429, MCL 445.421 to 445.443.
Enacting section 1. This amendatory act does not take effect
unless House Bill No. 4699 of the 97th Legislature is enacted into
law.
